Articles Posted inSex Crimes

Prostitution is illegal in the majority of states in America, including California. Often referred to as the “world’s oldest profession,” at its most simple definition, prostitution is the exchange of sex for money. People are divided as to whether prostitution is a victimless crime, as sex workers often endure serious physical, financial, drug, and sexual abuse. Others, especially in states that permit prostitution, like Nevada, argue that it is a job like any other.

California’s Prostitution Laws

Prostitution is the exchange of sex for money or other form of payment. California laws define prostitution as a lewd act requiring physical contact of a sexual nature, sexual conduct, or sexual intercourse between two people. The sex worker is often the person charged with prostitution crimes.

California’s Solicitation Laws

Solicitation is an offer to pay money for sex. The john or client is often the person charged with solicitation crimes.

California’s Pandering Laws

Pandering is the act of arranging a sex act between a sex worker and client for a fee or cut of the amount charged. The panderer is called a pimp or madame and is often charged with pandering crimes.

Defenses to Prostitution Charges

Law enforcement agencies throughout the country set up sting operations to round up prostitutes and their clients. Every couple of months numerous arrests for prostitution and solicitation charges make the media, with over a dozen people arrested in a sting. Individuals charged with prostitution often rely on the defense of entrapment by an undercover police officer if their arrests were part of a sting operation by law enforcement officials.

Minors can no longer be charged with prostitution crimes with the passage of SB 1322, which decriminalized prostitution for individuals under 18. These individuals are instead referred to child welfare services.

Charged With a Prostitution Crime in California?

Prostitution and solicitation crimes are considered nuisance crimes, that lower the standards of a community. They make a big splash because prominent people often get arrested for solicitation. While jail sentences tend to be short, many times the sex workers themselves are repeat offenders, and their penalties increase with each arrest. Pandering charges tend to be felonies and carry long jail terms. If you face prostitution, solicitation, or pandering charges in California, consult a qualifiedSan Diego Criminal Defense Attorney who can help mitigate the penalties.Continue reading

Gov. Jerry Brown signed legislation modernizing California’s sex offender registry, allowing potentially thousands of current sex offenders to be removed from the publicly accessible list beginning in 2021. The measure was introduced by Los Angeles District Attorney who noted that the registry, with over 105,000 names, has become so large and all-encompassing that it undermines the registry’s intended purpose – to assist in investigating and prosecuting new sex crimes. The current registry requires law enforcement to spend “hours on paperwork for annual evaluations of every offender,” according to the Los Angeles Times. Considering that one out of every 400 Californians is on the sex offender registry at this point, that amounts to a lot of wasted resources.

As one of the only four states in the country that require lifetime registration for a sex crime, the database includes offenders who have not offended in decades and pose no risk to the public – but still occupy hours of law enforcement agents’ time every year and swell the sex offender registry to the point of uselessness. For example, back in the 1960s and 1970s, police commonly raided public parks to arrest gay men having consensual sex. Gay rights activists have long protested these individuals being listed next to criminals who harm children.

The new sex offender registry will be much more focused on public safety, according to Gov. Jerry Brown’s office. For the lowest-level offenses, such as urinating in public, a person may petition the court to be removed from the sex offender registry within 10 years of committing the offense. A judge will assess each case individually, with the input of the District Attorney. After 20 years, individuals convicted of more serious crimes will have the opportunity to petition the judge to have their name removed from the registry. These crimes may include rape by deception and lewd and lascivious behavior with a child under 14, according to the newspaper. In any case, the name will only be removed if the person has gone the entire period of time without reoffending.

Under the new law, the sex offender registry will also identify sex offenders by their level of risk. Sex offenders accused of Tier 1 crimes, which include misdemeanor sex crimes or non-violent felony sex crimes, will be able to have their name removed from the sex offender registry as long as they do not re-offend during that time. Sex offenders accused of Tier 2 crimes, which include violent or serious felonies, will be removed from the database after going 20 years without reoffending. Sex offenders in Tier 3 are repeat offenders, predators who have committed sex crimes against children, or participated in the sex trafficking of minors. All Tier 3 sex offenders will spend their entire lifetime on the sex offender registry.Continue reading

A San Diego sheriff’s deputy is under criminal investigation, asthree additional women now have come forward with legal claims alleging that he improperly groped them under his color of authority. Deputy Richard Fischer has been placed on administrative leave while Sheriff Bill Gore and investigators conduct separate internal and criminal probes of the accusations. It is reported that10 women have accused Fischer of sexual misconduct.

The county of San Diego now faces one filed lawsuit and two legal claims, which are required to be filed in advance of civil litigation as a result of the allegations. The accusations, one of which dates back two years, could cost the county millions of dollars in legal settlements. All three women are being represented by San Diego attorney Dan Gilleon. According to Gilleon, the three victims spoke out after being inspired by each other.

The latest allegation comes from a San Marcos woman, whose claim was filed on behalf of her by attorney Gilleon. According to this claim, the deputy hugged her without consent and grabbed her buttocks. According to the claim, Dep. Fischer tried to kiss her. The claim seeks more than$6 million, plus “punitive damages against Dep. Fischer in an amount sufficient to punish him and his evil conduct, and to deter others from doing what he did.” It also references another lawsuit filed earlier this month, resulting from a groping incident in 2015.

Three of the women said in a joint interview Wednesday that they are angry and frustrated that Fischer has yet to be arrested, and in addition, is not even facing charges. There is the underlying concern that the officer isbeing protected by the sheriff and District Attorney Summer Stephan. Defendant Fisher has not responded to requests for comment.

Claims Against San Diego County

Before a lawsuit is filed against the county,claims against the county must be completed in accordance with the California Government Code, sections 900-915.4. The county then has 45 days to process and investigate your claim. The result of the claim may result in a settlement offer or a formal denial.

If the settlement or claim does not give the victim what he or she wants, the victim has a right to file acivil lawsuit against the county. Most of the time, that is the only way to obtain justice against police misconduct.Continue reading

Like theBill Cosby case that took the media by storm last year, Hollywood mogulHarvey Weinstein has also been accused by multiple women ofrape and sexual misconduct. However, in the case of Weinstein,more than 75 women have publicly accused him of inappropriate behavior, including sexual harassment and rape. Many of Weinstein’s accusers are famous actresses such as Rose McGowan and Asia Argento, who have all said publicly that Weinstein forced them into unwanted sex. Weinstein has since then denied all allegations against him.

Currently, Police departments in London, New York, Los Angeles, and Beverly Hills, California, have said that they are investigating potential criminal charges in at least 10 different cases, some involving women who have not spoken publicly. So far, only the NYPD has stated that it has enough evidence to arrest Weinstein and press charges. This is because the agency has a police report filed by actress Paz de la Huerta in October to report that Weinstein raped her twice in 2010. Additionally, at the time of the alleged assaults, de la Huerta had told her her therapist, SueAnne Piliero, who recently supplied a letter to the actress about her recollections from those sessions. Lastly, de la Huerta had told a journalist named Alexis Faith, who recorded the conversation but never published the story. She too provided the tape. Because de la Huerta allegesa forceful rape which happened after June 2006, within New York’s statute of limitations for rape in the first degree, her case is among the most compelling for prosecutors.

What is next? Currently, a senior sex crimes prosecutor has been assigned to the case in New York. Investigators are likely to present de la Huerta’s allegations to grand jury before making an arrest. The grand jury would then decide whether to indict Weinstein based on the standard of “reasonable cause” that he committed a crime. If an indictment is issued, prosecutors would then ask a judge to issue an arrest warrant.

Due to the allegations against him, Weinstein has been fired from the film production company he co-founded. He has hired to top defense lawyers to represent him in New York and Los Angeles.

Prostitution has been illegal in California since 1872. However, despite the over-a-century-long history, some sex workers claim that engaging in sexual activity for money is part of their right to earn a living. A sex workers’ advocacy group, the Service Providers Legal Education and Research Project, is seeking todecriminalize prostitution and has filed a constitutional challenge to the anti-prostitution law in California, saying it violates constitutional protections on free speech, freedom of association, and due process. The plaintiffs also include three unidentified former prostitutes and a disabled man who says he wants to be a respectful client of erotic services.

Citing the landmark 2003 ruling by the U.S. Supreme Court inLawrence v. Texas, which struck down the sodomy law in the state of Texas, the plaintiffs in this case argue that sexual conduct among consenting adults is a “fundamental right.”

The 9th Circuit Court of Appeals in San Francisco has ruled that the legal challenge may proceed.

A change in the status of sex workers could have a big impact on California beyond escorts and prostitutes. Deterring human trafficking is one reason that state authorities have cited for keeping the law as is. Currently, prostitution is illegal in all 50 states with the exception of a few Nevada counties.

The crime of prostitution or solicitation of it is a misdemeanor punishable by up to six months imprisonment and a $1000 fine. However, California law does not automatically require registration as a sex offender if you have been convicted of prostitution.

California Penal Code § 653.22 further makes it a crime punishable by six months imprisonment to loiter to commit prostitution (i.e. standing in a street corner).

Legal Defenses

Entrapment occurs when police behave in a way that applies pressure or defrauds you to engage in behavior you otherwise would not have. Entrapment defenses are sometimes used, since a number of prostitution/solicitation arrests are made by undercover cops. Many defendants are unfairly lured by saavy cops.

A graduate student at Cal State San Marcos accused of rape hasfiled a federal lawsuit, alleging the university violated his rights to due process through an unfair investigation. The student, who is not identified by name in the suit, was attending a study abroad program in Germany in 2016. Last October, he learned that a fellow student in the program had accused him of rape. However, no criminal charges were ever filed even though the university launched its own investigation.

His degree and transcripts were placed on hold once the investigation started. Allegedly, the school did not provide him with the report or his accuser’s statements or other documents. He was found guilty by the university ofsexual misconduct in March. The lawsuit now argues that by withholding his academic credentials, without giving him the chance to defend himself, the university breached his constitutional rights to due process under the fifth and fourteenth amendments. In other words, he is alleging that his procedural due process has been violated because the school’s ‘procedure’ denied him access to anything regarding the accusations against him.

Officials for Cal State San Marcos pointed to the university’s policies under Title IX, which forbid discrimination in education. This means the school must create and sustain an educational environment free of sexual violence and misconduct.

This is not the first time that universities in California have come under controversy for their handling of sexual assault allegations. Back in 2015, a California courtruled that the University of California, San Diego (UCSD) acted improperly while adjudicating a sexual assault case, noting that the student was not allowed to findings of the university or cross-examine his accuser. Also in 2015, San Diego State University reversed the suspension of a male student after finding allegations of sexual misconduct against him were unsubstantiated, and he sued the school.

Due Process in Schools

Students facing possible suspension or expulsion from public colleges and universities are entitled todue process protections because their liberty and property are at stake, and because public schools take money from the state, making them state (government) actors, to an extent, in a disciplinary proceeding. This means at an absolute minimum, students in campus disciplinary cases are entitled to have notice of the charges against them, an explanation of the evidence against them, and an opportunity to defend themselves in the process, such as hearings. See Goss v. Lopez, U.S. Supreme Court (1975).

When a school denies you your right to due process, this can be used as a defense to a suspension or expulsion decision.Continue reading

Earlier this month the criminal trial of Jacob Paul Skorniak, 51, started in San Diego Superior Court. Skorniak is accused ofkidnapping and raping a 21-year-old German exchange student he met in Pacific Beach during New Year’s celebrations. He is also accused of using a knife to attack the victim. Skorniak has testified that it was consensual, but the young woman, who has since returned to Germany, has chosen not to return to San Diego to testify at the trial. She was reportedly initially cooperating with the prosecution. Even without victim testimony, the jury ultimately found Skorniak guilty of the charges of rape, kidnapping with intent to commit rape, and sexual penetration of an unconscious person.

In his case, Skorniak actually recorded the crime he committed and it was played for the jury. The victim also inadvertently dialed her cell phone during the assault and her parents answered in Germany. Her father testified that he screamed into the phone until the line went dead.

Everyone knows that being accused of rape is a serious matter. While there may belegal defenses in a situation, we will seek to explain thetype of evidence that typically goes into a rape trial.

What if There is No Victim Testimony?

Usually, the most compelling evidence at a rape trial is the testimony of the victim. There is no law mandating that victims of sex crimes have to testify. Prosecutors may still decide to prosecute even without the victim’s testimony if there is other evidence that makes them think they have a case. They will also consider witness testimony as evidence to bring to trial.

What Kind of Evidence is used in Rape Cases?

Statistically speaking, the vast majority of rapes are committed by persons known to the victim. Therefore, the identity of the person is usually known. However, prosecutors also have to rely on other evidence to prove that the accused committed the crime beyond a reasonable doubt. This includes physical and forensic evidence, such as bruises and cuts on the victim, torn clothing, and DNA evidence or other witness evidence.Continue reading

According to news outlet ABC 10,a Carlsbad pastor named Matthew Tague, 43, has been arrested on 16 counts of child molestation. Deputies with the San Diego Sheriff’s child abuse unit has charged him with lewd and lascivious acts with a minor under the age of 14. The charges against Tague, a pastor at North Coast Calvary Chapel in Carlsbad, are not related to his duties as a pastor. Tague is currently being held in Vista Detention Facility on $1.9 million bail. He was due in court on June 2.

Once he appeared in court, he pleaded “not guilty” to charges of repeatedly molesting a female member of his congregation for two years. He also pleaded “not guilty” to charges of 14 forcible sex acts against a child. Additionally, Deputy District Attorney Patricia Lavermicocca said Tague is accused of violating a family member when s/he was 12 and 13 years old. It is reported that Tague’s wife caught him abusing the victim, and turned him in.

Child Molestation Under California Law

Not only are sex crimes taken seriously in California, but sex crimes against children are viewed upon by society as even worse. Just being accused of a sexual offense against a child can ruin your life and reputation.

There are several sections in the California Penal Code that address sex crimes against children.

A lewd or lascivious act against a minor is defined as touching any part of the body (bare or covered) of a minor or forcing him or her to touch themselves for the purposes of sexually arousing or gratifying yourself or the victim. Subsection (a) of the statute states that if the victim was under 14, it is a felony punishable by up to eight years imprisonment and a $10,000 fine.

Subsection (b) of the statute addresses lewd acts against a minor under the age of 18, by fear of duress or violence. A conviction under this subsection is also a felony punishable by 10 yrs imprisonment and a $10,000 fine.

Subsection (c) specifies that if the victim was under 14 or 15 years old, and you are at least 10 years older than the victim, you will also face a felony punishable by up to three years in state prison.

Thesaga of Bill Crosby’s criminal trial for allegedly drugging and sexually assaulting dozens of women is finally over, as earlier this month, a Pennsylvania jury was unable to come to a unanimous decision, resulting in amistrial.

It is reported that on the sixth day of jury deliberations,two of the 12 jurors prevented a guilty verdict. The jury reportedly deliberated for 53 hours and asked12 questions of the court during deliberations. Ananonymous juror told ABC News that 10 out of the 12 jurors believed Cosby was guilty in two out of the three counts filed against him. The third count had the vote of 11 of the 12 jurors.

During the trial, prosecutors called 12 witnesses, including Andrea Constand, the woman who first came forward with allegations against Cosby. She endured over a week of testimony with no forensic evidence.

Constand first told police about the alleged assault in January 2005, a year after she says it took place. The district attorney at the time declined to press charges, citing insufficient evidence. She thereafter sued Cosby in a civil suit and settled for an undisclosed amount in 2006.

Judge O’Neill, the judge presiding over the trial, declared the mistrial with prosecutors announcing that they plan to retry the case.

What Exactly is a Mistrial?

In the criminal justice system, a mistrial (also called a “hung jury”) is one that is not successfully completed. In other words, the jury cannot come to a decision even when it is given the adequate time to deliberate.

Mistrials can occur for a number of reasons, including the death of the attorney, juror misconduct, or a prejudicial error unfair to the defendant. The most common reason for mistrial is a “hung jury,” when different members cannot come to a conclusion as to the guilt of the defendant. Either side may file a motion for mistrial, which is either granted or denied by the presiding judge. The government can still seek for a re-trial when there is a mistrial.

Juries Must be Unanimous for Criminal Trials

In federal court, whether the trial is criminal or civil, juries must reach a unanimous verdict. In state courts, almost every state requires a unanimous verdict in criminal trials.

In criminal trials, 12 jurors has traditionally been the norm, with a few outlier states that allow for six jurors (ie. Florida allows for six-person juries in criminal trials).Continue reading

In Alameda county, California lawmakers are considering a contentious bill that would end lifetime registration for certain sex offenders. The lawmaker who introduced the bill, Nancy O’Malley, and the District Attorney of Alameda County’s intent is to save the state money, since it is extremely expensive to monitor sex offenders.

The bill passed the state Senate’s Committee on Public Safety on last month. Proponents of the new bill say that lightening the work load of law enforcement will give them more time to focus on high-risk offenders that actually need monitoring.

Currently, a state tax force has 2,500 sex offenders to keep track of. There is currently an estimated 104,000 registered sex offenders statewide.

Potential Changes in California’s Sex Offender Registry

Most U.S. states already have a tiered system for sex offenders. But under current California law, allsex offenders have to register with law enforcement for the rest of their lives, no matter if they committed a nonviolent misdemeanor crime like indecent exposure (ie. urinating in public) or a violent felony rape.

If passed into law, S.B. 421 would create a tiered system for sex offenders:

Tier 1: Misdemeanor or non-violent sex offenders would have to register for 10 years. This encompasses situations like when a young college student has too much to drink and exposes him or herself publicly.

Tier 2: Convicts who committed serious or certain violent offenses would have to remain on the list for 20 years.

Tier 3: Violent high-risk sex predators will remain on the list for the rest of their lives. This includes sex offenders who violated Megan’s Law.

A sex offender’s removal from the registry would not be automatic. Offenders who qualify for removal would still have to petition the court and have their application reviewed by their local district attorney, who has to consider factors like the risk of re-offending.Continue reading